VAKATHANAM SERVICE CO-OPERATIVE BANK LTD. V. INCOME TAX OFFICER,

WP(C)/32674/2019

AI Insights

The case involves the Vakathanam Service Co-operative Bank Ltd., which challenged the assessment orders issued by the Income Tax Officer and subsequent orders by the Commissioner of Income Tax (Appeals). The primary issue was the disallowance of a deduction claimed under Section 80P of the Income Tax Act. The petitioner filed appeals and stay petitions against the assessment orders, but recovery actions were initiated by the respondents before the stay petitions were considered. The court, referencing similar cases, decided to stay the recovery actions and directed the Tribunal to expedite the hearing of the appeals.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 695489 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 03-12-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: ANIL NAIR; SREEJITH NAIR; ARYA; GOKULRAJ; SRI HARINI
• Keywords: Appeal; Assessment Order; Income Tax; Recovery Steps; Stay Petition
• Section: 250; 154; 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941 WP(C).No.32674 OF 2019(H) PETITIONER/S: VAKATHANAM SERVICE CO-OPERATIVE BANK LTD. NJALIANKUZHI, VAKATHANAM, KERALA - 686 011, REPRESENTED BY SECRETARY, MERCYAMMA JOSEPH. BY ADVS. SRI.ANIL D. NAIR SRI.SREEJITH R.NAIR SMT. ARYA ANIL SHRI.GOKULRAJ L. SMT.SRI HARINI S.P. RESPONDENT/S: 1 INCOME TAX OFFICER, WARD -3, THIRUVALLA - 689 101. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) KOTTAYAM - 686 001. 3 INCOME TAX APPELLATE TRIBUNAL KOCHI- 682 037, REPRESENTED BY ITS REGISTRAR. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32674 OF 2019(H) 2 JUDGMENT Against Exts.P1 and P1(a) assessment orders under the Income Tax Act, the petitioner has preferred Exts.P4 and P4(a) appeals, together with Exts.P5 and P5(a) stay petitions before the 3rd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Exts.P1 and P1(a) assessment orders. It is stated by the learned counsel for the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income Tax Act. 2. I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar and taking note of the fact that in similar matters, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal, this Writ petition is disposed directing the 3rd respondent to consider and pass orders on Exts.P4 and P4(a) appeals within an outer time limit of six months from the date of receipt of a copy of this judgment after hearing the petitioner. Recovery steps pursuant to Ext.P6 demand notice for recovery of amounts confirmed against the petitioner shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 3rd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.32674 OF 2019(H) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER FOR THE A.Y.2010-11 DATED 22.03.2013. EXHIBIT P1(a) TRUE COPY OF THE ASSESSMENT ORDER FOR THE A.Y.2012-13 DATED 27.10.2014. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 28.02.2018 FOR THE A.Y. 2010-11 PASSED BY THE 2ND RESPONDENT. EXHIBIT P2(a) TRUE COPY OF THE ORDER DATED 28.02.2018 FOR THE A.Y. 2012-13 PASSED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER U/S 154r.w.s 250 OF THE ACT FOR THE A.Y. 2010-11 DATED 30.10.2019. EXHIBIT P3(a) TRUE COPY OF THE ORDER U/S 154r.w.s 250 OF THE ACT FOR THE A.Y. 2012-13 DATED 30.10.2019. EXHIBIT P4 TRUE COPY OF THE STATUTORY APPEAL FILED BEFORE THE 3RD RESPONDENT FOR THE A.Y.2010- 11. EXHIBIT P4(a) TRUE COPY OF THE STATUTORY APPEAL FILED BEFORE THE 3RD RESPONDENT FOR THE A.Y.2012- 13 EXHIBIT P5 TRUE COPY OF THE STAY PETITION FOR THE YEAR 2010-11 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT . EXHIBIT P5(a) TRUE COPY OF THE STAY PETITION FOR THE YEAR 2012-13 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT . EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DATED FOR A.Y.2010-11 AND A.Y 2012-13 ISSUED BY THE FIRST RESPONDENT. sd "